HomeMy WebLinkAbout6.4 Smoking Pollution Control •
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CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: . July 28, 1986
SUBJECT Smoking Pollution Control Ordinance
EXHIBITS ATTACHED Proposed Ordinance ; Staff Report from City Council
meeting of July 14 , 1986
RECOMMENDATION • 1 ) Open Public Hearing
n ft 2 ) Obtain any additional testimony
kj 3 ) Close Public Hearing
4 ) Deliberate and consider introduction of the
Ordinance
FINANCIAL STATEMENT: The Ordinance contains enforcement provisions which
will require staff time . The amount of time will vary
depending on the number of inquiries and/or
complaints . Mailing and printing costs will be
incurred for the initial notification to businesses .
DESCRIPTION The City Council has conducted public hearings on the
proposed Smoking Pollution Control Ordinance at its meetings on May 27 , 1986
and July 14 , 1986 . A copy of the July 14th Staff Report is attached.
At the public hearing on July 14th, the hearing was continued until
July 28th, due to the absence of Councilmember Moffatt .
Staff would recommend that the City Council conduct a public hearing,
deliberate and consider introduction of the Ordinance .
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• COPIES TO: / D —M1)
ITEM NO. 4 ilf
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ORDINANCE -NO. .
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AN ORDINANCE OF THE CITY OF DUBLIN
-- RELATED. -TO- SMOKING-POLLUTION 'CONTROL- '
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SEC. 1000 Title .
SEC. 1001 Findings and Purpose •
SEC. 1002 • Definitions •
• • SEC. 1003 • Application of Article to City Owned Facilities •
SEC. 1004 Prohibition of Smoking in Public Places
SEC. 1005 Regulation of Smoking in Places of Employment
SEC. 1006 Where Smoking Not Regulated .
SEC. 1007 Posting of Signs •
SEC. 1008 Enforcement
SEC. 1009 Violations and Penalties •
• SEC. 1010 Nonretaliation
SEC. 1011 Public Education
SEC. 1012 Governmental Agen; - - on
SEC. 1013 Other Appi ' area ds qpp OSTC11
SEC. 1015 Effective ) ■wy
SEC. 1015 Effective D: z
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Sec. 1000 Title
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This article shall be known as the Smoking Pollution Control
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Ordinance. '
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Sec. 1001 Findings and Purpose •
The City Council of the City of Dublin hereby finds that:
Numerous studies have found that tobacco smoke is a major
contributor to indoor air pollution; and ,
Reliable studies have shown that breathing second-hand smoke is a
significant health hazard for certain population groups , including
elderly people, individuals with cardiovascular disease , and .
individuals with impaired respiratory function , including
asthmatics and those with obstructive airway disease; and
Health hazards induced by breathing second-hand smoke include lung
cancer , respiratory infection , decreased exercise tolerance,
decreased respiratory function, bronchaconstriction , and •
bronchospasa; and
• Nonsmokers with allergies , respiratory diseases and those who
suffer other ill effects of breathing second-hand smoke may
experience a loss of job productivity or may be forced to take.
periodic sick leave because of adverse reactions to same; and
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Numerous studies have shown that a majority of both nonsmokers and
smokers desire to have restrictions on smoking in public. places and
places of employment. ; • -
Smoking is a documented cause of fires , and cigarette and cigar
burns and ash stains on merchandise and fixtures cause economic
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losses to businesses.
Accordingly, the City Council finds and declares that the purposes
of this ordinance are 1) to protect the public health and welfare
by prohibiting smoking in public places except in designated
smoking areas , and by regulating smoking in places of employment;
and 2) to strike a reasonable balance between the needs of smokers
and the need of nonsmokers to breathe smoke-free air , and to
recognize that , where these needs conflict, the need to breath
smoke-free air shall have priority.
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Sec. 1002 Definitions
The following words and phrases, whenever used in this article ,
shall be construed as defined in this section:
1 . "Barn means an area which is devoted to the serving of
alcoholic beverages and in which the service of food is
only incidental to the consumption of such beverages.
2. °Business° means any sole proprietorship , partnership ,
joint venture , corporation or other business entity formed
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for profit-making purposes , including retail establish-
ments where goods or services are sold as well as pro-
fessional corporations and other entities where legal ,
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medical , dental , engineering , architectural , or other •
professional services are delivered.
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• . S. "Dining Area means any enclosed area containing a counter
or tables upon which meals are served.
4. "Employee" means any person who is employed by any employer
in consideration for direct or indirect monetary wages or
profit, and any person who volunteers his or her services
for a non-profit entity.
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5. 'Employer" means any person , partnership, corporation, or
non-profit entity, including a municipal corporation , who
• employs the services of one or more persons.
6'. 'Enclosed" means closed in by roof and four walls with
appropriate openings for ingress and egress.
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7,' "Non-Profit Entity" means any corporation, unincorporated .
• association , or other entity created for charitable, edu-
-'cational , political , social , or other similar .purposes, the
net proceeds -from the- operations of which are committed td -
-the promotion of the objects or purposes of the
organization and not to private financial gain. A public .
agency is not a "non-profit entity" within the meaning of .
this section.
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8. "Place of Employment° means any enclosed area under the
control of a public or private employer which employees
normally frequent during the 'course of employment,
' including but not limited to, work areas, employee lounges,
and restrooms, conference and class rooms, cafeterias and
hallways. Except:
• a. A private residence is not a place of employment,
unless it is used as a child care or a health care
facility.
-b. The dining area of a restaurant is not a "pl,ace of
employment'. .
' 9. "Public Place" means any enclosed area to which the public
is invited or in which the public is permitted , including ,
but not limited to: banks, educational facilities, health
facilities , public transportation facilities, reception
areas, restaurants, retail food production and marketing
• establishments , retail service establishments; retail
stores ,- theaters , and waiting rooms.
10. "Restaurant" means any coffee shop , cafeteria, tavern,
sandwich stand , soda fountain , private or public school • .
cafeteria, and any other eating establishment ,
organization , club , boardinghouse, or guesthouse, which
gives or offers food for sale to the public, guests,
patrons, or employees , except that the term 'restaurant"
shall not include a cocktail lounge of tavern if said
cocktail lounge or tavern is a "bar" as defined in section •
1002 (1) .
11 . "Retail Tobacco Store" means a retail store utilized
primarily for the sale of tobacco products and accessories.
12. °Service Line" means any indoor line at which one er more
persons are waiting for or receiving service of any kind ,
whether or not such service includes the exchange of money.
13. "Smoking° means inhaling , exhaling , burning , or carrying
any lighted pipe , cigar, or cigarette of any kind , or any
other combustible substance.
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14. . "Sports Arena" means sports pavilions, gymnasiums, health
spas, boxing arenas , swimming pools, roller an'd ice rinks,
. bawling alleys and other similar places where members of
the public assemble to engage in physical exercise,
participate in athletic competition, or witness sports
events.
Sec. 1003 Application of Smoking in City Owned Facilities.
All enclosed facilities owned by the City of r,ihlin shall be
subject to the provisions of this article.
Sec. 1004 Prohibition of Soaking in Public Places
A. Snaking shall be prohibited in all enclosed public places
within the City of Dublin , including , but not limited
to, the following places:
1 . Elevators and restrooms.
2. Buses, taxicabs and other means of public transit under
the authority of the City ofinihlin , and in ticket,
boarding , and waiting areas of public transit depots;
provided, however , that this prohibition dces nat prevent
• (a) the establishment of separate waiting areas for
smokers and nonsmokers , of equal size or (b) the
establishment of a maximum of 50% of a given waiting area
as smoking area.
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3. Service lines
• 4. Retail Stores , except areas in said stores not open to the
public and all areas within retail tobacco stores.
5. Retail food marketing establishments, including grocery
stores and supermarkets , except those areas of such
establishments set aside for the purpose of serving of
food and drink , restrooms and offices, and areas thereof
not open to the public , which may be otherwise regulated
by this article.
6. All areas available to and customarily used by the general
public in all businesses ana non-profit entities
patronized by the public , including , but not lin( }=a to ,
business offices , banks , hotels and mot==-ls.
7. Restaurants , provided , however , that this prohibition does
not prevent (a) the designation of a contiguous area
within a restaurant that contains a maxisua of 50% of the
seating capacity of the restaurant as a smoking area, or
(b) providing separate rooms designated as smoking rooms ,
so long as said rooms do not contain more than 50% of the
seating capacity of the restaurant.
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8. Public areas of aquariums, libraries, and museums 'when
open to the public; provided , however, that this pro- '
-- -- -. - - hibition. does not prevent_the designation of.. a contiguous .____ _ ... _ ..
area containing a maximum of fifty percent (50%) of a
lobby as a smoking area.
9. Any building not open to the sky which is used primarily
for exhibiting any motion picture, stage drama, lecture,
musical recital or other similar performance, except when
smoking is part of any such production, provided however ,
that this prohibition does not prevent the designation of
a contiguous area containing a maximum of fifty percent
(5077.) of a lobby as a smoking area.
t0. Sports arenas and convention halls , except in designated
smoking areas.
I! . Every room, chamber , and place of meeting or public
assembly, including school buildings under the control of
any board , council , commission, committee , or agencies of
the City or any political subdivision of the State during
such time as a public meeting is in progress , to the
extent such place is subject to the jurisdiction of the •
• City.
12. Waiting rooms , hallways , wards , and semi-private rooms of
. health facilities , including ,- but not limited to,
hospital=_ , clinics, physical therapy facilities , doctors ' '
offices and dentists ' offices. In bed space area=_ of
health facilities used for two or more patients , smoking
shall be prohibited unless all patients within the room
are smokers and request in writing upon the health care
facility ' s admission forms to be placed in a room where
smoking is permitted.
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13. Polling Places,
D. Notwithstanding any other provision of this section , any owner,
operator , manager or other person who controls any establish-
ment described in this section may declare that entire
establishment as a nonsmoking establishment.
Sec. 1005 Regulation of Smoking in Places of Employment
A. It shall be the responsibility of employer to provide
smoke-free areas for nonsmoking employees within existing
facilities to the maximum extent possible, but employers are
not required to incur any expense to make structural or other
physical modifications in providing these areas .
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B. Within 40 days of the effective date •af this article, each •
employer and each place of employment located within the City .
shall adopt , implement, make known and maintain a written
snaking policy; which shall contain at a minimum the fallowing
requirements:
1. • Any employee in a place of employment shall have the right
to designate his or her work area as a non-smoking area and
to past the same with an appropriate sign or signs, to he
provided by the employer.
2. Prohibition of smoking in auditoriums, classrooms ,
conference and meeting rooms , elevators , hallways, medical
facilities , and restrooms .
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3. Provision and maintenance of separate and contiguous
nonsmoking areas of not less than fifty percent of the
seating capacity and floor space in cafeterias , lunchrooms
and employee lounges or provision and maintenance of
separate and equal sized cafeterias, lunchrooms and
employee lounges for smokers and nonsmokers.
4. In any dispute arising under this smoking policy, the
health concerns of the non-smoker shall be given
precedence.
• C. The s_mokino _ policy shall be communicated to all employees
within three weeks of its adoption.
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• 0. All employers shall supply a written copy of the smoking policy
to any prospective employee.
E. Notwithstanding any other provisions of this section , every
employer shall have the right to designate any place of
employment , or any portion thereof , as a nonsmoking area.
Sec. 1005. Where Smoking Not Regulated '
A. Notwithstanding any other previsions of this Ordinance to the
contrary, the following areas shall not be subject to the
smoking restrictions of this article:
I . Bars.
2. Private residences , except when used as a child care or a
health care facility.
3, Hotel and motel rooms rented to guests.
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A : Restaurant, hotel and motel conference or meeting rooms, : .
and public and private assembly--rooms while these places
are being used far private functions; - .
5_ ! A private enclosed place occupied exclusively by smokers ,
even .though such a place may be visited by non-smokers.
8. Notwithstanding any other provision of this section , any owner,
operator , manager , or other person who controls any
establishment described in this section may declare that entire
• establishment as a nonsmoking establishment. -
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Sec. 1007 Posting of Signs
A. "Smoking" or "No Smoking" signs, whichever are appropriate_ ,
with letters of not less than 1 " in height or the international
"No Smoking" symbol (consisting of a pictorial representation
of a burning cigarette enclosed in a red circle with a red bar
across it) shall be clearly, sufficiently and conspicuously
posted in every building or other place where smoking is
controlled by this article, by the owner, operator, manager or
other person having control of such building or other place.
B. Every theater owner , manager or operator shall conspicuously
post signs in the lobby stating that smoking is prohibited
• within the .theater or auditorium, and in the case of motion
picture theaters, such information shall be shown upon the
screen for at least five seconds prior to the showing of each
feature motion picture.
C. Every restaurant shall have posted at every entrance a sign .
clearly stating that a nonsmoking section is available and the
size of that section. Every patron shall be asked as to his or
her preference by the host or hostess (if one is •on duty) . A
person taking reservations for a restaurant shall likewise ask
if there is a nonsmoking or smoking preference_.
Sec. 1008 Enforcement
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A. Enforcement shall be implemented by the City Manager.
8. Any citizen who desires to register a complaint hereunder may
initiate enforcement with the City Manager, or his designees.
C. Any owner , manager , operator or employer of any establishment
controlled by this article shall have the right to inform
persons violating this article of the appropriate provisions
thereof.
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D. Notwithstanding any other provisions of this article, a private .
citizen may tiring legal action to enforce this artic,le... .
Sec. 1009 Violations and Penalties
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A. It shall be unlawful for any person who owns, manages, operates
or otherwise controls the use of any premises subject to the
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regulation under this article to fail operator awith itsant
provisions. The owner , manag e
shall not be deemed in violation of Sec. 1007 (c) if the host
or hostess of the restaurant fails to ask the seating
preference of patrons , but shall be deemed in violation patrons
if the restaurantehas
enoestated policy requiring that
be asked their p as
B. It shall be unlawful for any person to smoke in any area
restricted by the provisions of this article.
C Any person who violates any provision of this article shall be
guilty of an infraction , punishable by:
. 1 . A fine , not. exceeding $100, for first violation;
• 2. A fine , not exceeding $200 , for a second violation of this
article within 1 year;
3. A fine, not ,excee_ding $500 , for each additional violation
of this article within 1 year . .
Sec. 1010 Nonretaliation •
shall discharge_ , refuse to hire , or in any
• No person or employer applicant for employment
manner , retaliate against any employee or
because such employee or applicant exercises any rights afforded by
this article.
• Sec. 1011 Public Education
• The City Manager shall engage in a continuing program to explain .
f= =d by
the ur o5e5 of this article to citizens of ct-
it , clarify uid p P compliance
it , and to guide owners , operators and managers in their ce�ap.
with it.
• The City Manager shall leave the responsibilttycof conducting
• onductingfa
public education campaign regarding y en
smoking to other governmental and health agencies equipped with th..
needed expertise to conduct such campaigns.
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Governmental Agency Cooperation
Sec. 101,2 cvernmental and _ . -
The City Manager shall annually request other g
having facilities Within the Lityctowesta fish
educational agencies pros h cooperation and comp
operating procedures. in coop t State County and
local oP Manager shall urge Federal t � . smoking special The City agencies to enforce their existing
regulations and to comply voluntarily with this article.
special school district
control reg
Sec. 1013 Other Applicable taws
This article
shall not be interpreted or construed to permit
otherwise restricted by other applicable laws
smoking where it is
Sec. 1014 Severability application If any provision or clause of this -Ordinance ar the app
thereof to any person or circumstancestheld competent constitutio
such nal
or to be otherwise invalid by any
such invalidity shall not ereof whichrcOandbeaimplementedowi trout
clauses or applications thereof a application, and to this the
the invalid provision or clause or PP
provisions and clauses of this Ordinance are
declared to be
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Sec. 1015 Effective Date
This article shall be effective thirty (30) days
from the data of
adoption.
$ec. 1016 Posting of Ordinance
The City Clerk of the City of Dublin shall cause
a S Ocean..to
be posted in at least three (3) public p
Section 36933 of the Covernlrent Code of the Stagy or f California.
PASSED AND ADOPT by the City Council of the City of Dublin on this
1986.
day of _� .
AYES:
NOES:
ABSENT: . •
• Mayor
. ATTEST: •
City Clerk
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